Monday, June 20, 2016

How Long Can an Alien Be Detained? The Supreme Court Will Decide


Whether Donald Trump or Hillary Clinton is elected president, we can expect the current trend of record-high levels of deportations to continue. At present, about 400,000 people are detained and processed for deportation. The process is seriously backlogged.

The ACLU sued several years ago to require that courts hold a bond hearing for people who face lengthy detentions. A lower court agreed, and ruled that the U.S. government must hold a bond hearing if a detainee is held for more than six months. The Ninth Circuit Court of Appeals reversed, however.

There are three types of detainees caught up in this dramatic action.

1.      People caught making an illegal entry to the U.S. at or near a border.
2.      Lawful permanent residents (Green Card holders) who are convicted of crimes.
3.      Undocumented workers caught in enforcement sweeps.

If Trump is elected and follows through on his campaign promise to deport 11 million unlawful aliens, it will take many years for the courts to process these cases (unless President Trump declares the equivalent of martial law and suspends the Constitution).

The high court will hear oral arguments and decide the case during its next term, which starts in October and ends in June 2017.

And consider this factor: In the current term, which ends in two weeks, the Supreme Court will decide whether to reinstate President Obama’s 2014 executive action to shield millions of immigrants in the country illegally from deportation. The plan was blocked by lower courts.


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